Teen gets break in sex case

COLDWATER — Again Branch County Circuit Judge Bill O’Grady warned "stay away from freshman girls" as he sentenced Kevin Jai to three years probation after he serves 60 days jail.

Jai, 18, pleaded guilty to criminal sexual conduct (CSC) fourth degree admitting he took his 14-year old girlfriend to Matteson Lake New Year’s for sex.

The girl’s family had warned Jai to stay away from their daughter three times before the incident.

Jai said he was "very apologetic" for the behavior but "was in over my head." That brought the judge to question "what can parents do if you continue your predatory behavior?"

Defense attorney J. R. Colbeck said it was a case of a senior dating a freshman and "both were very naive. They were just being high school kids and they thought this is what people did."

If the incident had taken place 6 weeks earlier, Jai would had qualified under Michigan’s "Romeo and Juliette" law which does not treat as a sex offender consensual sex if there is no more than four years difference in age. In Michigan the age of consent is 16 years old.

Because of that Judge O’Grady agreed to the probation under the Holmes Youth Training Act (HYTA) which means if he successfully completes probation he will not have a conviction listed on his record and will not have to register as a sex offender.

Both Jai and his girlfriend dropped out of school after the arrest. He is trying to complete his senior year on line and has moved from the state.

Judge O’Grady issued a warning to teens in May they will face jail if convicted of sex with underage partners even if the sex is consensual.